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IN THE MATTER OF SHUBIN B.

5 A.D.3d 217 (2004)

772 N.Y.S.2d 827

In the Matter of SHUBIN B., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 2004.

Viewing the record in the light most favorable to the presentment agency, we find that given the volatility of the crowd growing around officers attempting to effectuate a drug arrest, a direct result of the appellant's words and conduct, the court properly concluded that appellant created a danger of imminent lawless action as proscribed by Penal Law § 240.08 (see People v Tolia, 214 A.D.2d 57

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